A drug smuggler who fraudulently claimed almost €30,000 in benefits for three years when he was living in Lanzarote has been given a suspended sentence.
Gary Mulvany (37), who now lives at a Summerhill apartment in Dublin’s north inner city has been convicted of benefit fraud in a prosecution brought by the Department of Social Protection.
The offence can result in a fine of up to €2,500 and or a six-month sentence.
Dublin District Court heard he failed to tell the social welfare authorities that from July 2008 until May 2011 he was not living in the country while he continued claiming disability allowance.
Judge John O’Neill was told Mulvany’s fraud came to light after he was stopped at Knock Airport where Customs officers conducted a search and recovered drugs. That resulted in him getting a three-year suspended sentence at Castlebar Circuit Court for possession with intent to supply.
Drug free
As a consequence of that arrest social welfare authorities became aware of his time in Lanzarote, said prosecution solicitor Joseph Maguire.
The court heard he unlawfully received €29,520 and has repaid €4,596, leaving €24,924 outstanding. Some €28 a week is taken from his disability allowance in repayment but at the current rate it will take about 17 years.
Defence counsel Matthew Holmes Mulvany been staying in Lanzarote to escape his problems and is now drug free.
The court heard he was unsuitable for community service because of a serious medical condition. Mr Holmes pleaded for leniency.
The judge imposed a three-month sentence but suspended it on condition Mulvany keeps the peace and is of good behaviour for the next 12 months.
At an earlier stage the judge was furnished with pre-sentence reports on him indicating Mulvany endured a childhood “that no youngster should have gone through”.
The court had also heard he has turned his life around. Mulvany was apologetic for his behaviour.